• My brother wants to take his wife to his own named house

My brother and sister in law were residing in my parents self-earned property and daughter in law starting troubling for property, my father transferred the house in daughter's name before his death and my brother got a separate house half in mother' name and half on brother' name. But the wife is still staying in earlier house which is now on sister's name. Can my brother ask him to evict the house and stay with him in his own owned house.
Asked 3 years ago in Family Law
Religion: Sikh

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6 Answers

Your brother can ask his wife to vacate house and stay with him in his house 

 

2) if she refuses daughter can file suit for eviction against sister in law 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Dear Sir/Ma'am

Yes, they can be asked to evict the house at any point in time since the property is in the daughter's name and she has all the rights over the property. If they refuse to evict the house, a notice can be sent to them by the orders of the court or a suit can be filed by the daughter(Owner). Thank You

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Hi,  your sister has to file a suit for eviction against your brother wife for eviction. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

If your sister in law is adamantly residing in the house that is lying on the daughter's name, the daughter can very well issue a legal notice to your sister in law to vacate the house.

If she refuses to vacate then the daughter can file a suit for ejection, to eject her from the property which she is illegally occupying and adamantly refuses to vacate despite receiving a legal notice. 

 

Your brother can always give her an offer to come and reside with him since it is his duty to provide residence to his wife and he cannot claim rights over his sister to allow his wife to continue to reside in the house which do not belong to him anymore.  

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

- As per law, wife is not having any right to claim over the property of husband or in laws house during the life time of her husband. 

- However , she can claim residential right from her husband legally under the provision of DV Act. 

- Hence, she cannot live in the house of the sister of her husband , and her husband can ask to live with him in his owned house. 

- If she not ready to vacate , then sister can file a Mandatory Injunction suit for evict her .

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Sir, 

if a husband wants to reside with his wife in a house and she refuses, he can file an application under section 9 of Hindu Marriage Act which is restitution of conjugal rights and the court would order the wife to reside with the husband. if she refuses, then husband can file for a divorce. 

 

Even your Sister (now the owner of the house) can file for eviction of the wife from the said house. 

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

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